According to Florida Statute 509.035; an emergency closure is not a disciplinary action, but rather an action taken to mitigate conditions that pose an elevated risk to the health, safety or welfare of the public or the establishment's employees. The licensee is closed until the conditions are corrected. Examples of conditions warranting immediate closure include: lack of approved utilities or hot water, sewage backups or overflows, fire damage, pest infestation or inadequate refrigeration.

A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all critical violations that caused the suspension are corrected.

We find no records that indicate that Kenny D's Grill And Bar, Palm Bay has ever been issued an emergency closure.

2 Disciplinary Activity Orders Since January 2007

The Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Kenny D's Grill And Bar either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.

Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Kenny D's Grill And Bar or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.

Case Number: 4--2013041602 - On October 23, 2013 Kenny D's Grill And Bar, Palm Bay was ordered to pay $560 for violations observed during its August 19, 2013 inspection.

Case Number: 4--2014035396 - On September 19, 2014 Kenny D's Grill And Bar, Palm Bay was ordered to pay $1800 for violations observed during its June 25, 2014 inspection.

No (0) Food Misrepresentation Cases Since March 2006

According to Florida Statute 509.292; an operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment.

The identity of food or a food product is misrepresented if:

The description of the food or food product is false or misleading in any particular;

The food or food product is served, sold, or distributed under the name of another food or food product; or

The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage.

We find no records that indicate that Kenny D's Grill And Bar, Palm Bay has ever been cited for food misrepresentation.

6 Food Service Inspections Since July 1, 2014

Inspection For:KENNY D'S GRILL AND BAR

License Number:1504373

License ID:5355790

Inspection Visit ID:5459879

Inspection Date:Friday, November 14, 2014

Inspection Number:2463896

Visit Number:2

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Call Back - Extension given, pending

Total Number of Violations:5

Number of High Priority Violations:0

Number of Intermediate Violations:4

Number of Basic Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

36-23-4Basic.Garbage or debris on floor under, around, or behind equipment in bar. Heavy build up under and behind the bar area **Warning**

53A-05-5Intermediate.No currently certified food service manager on duty with four or more employees engaged in food preparation/handling. A list of accredited food manager certification examination providers can be found at http://www. Myfloridalicense. Com/dbpr/hr/food-lodging/managercertification. Html. **Warning**

22-01-4Intermediate.Soda gun soiled. **Warning**

Inspection For:KENNY D'S GRILL AND BAR

License Number:1504373

License ID:5355790

Inspection Visit ID:5457575

Inspection Date:Thursday, November 13, 2014

Inspection Number:2463896

Visit Number:1

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.

Total Number of Violations:8

Number of High Priority Violations:1

Number of Intermediate Violations:5

Number of Basic Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

35A-03-4Basic.Dead roaches on premises. 2 in the cabinet next to the pizza make table 6 on the floor behind the bar equipment 2 in dry storage cabonet **Warning**

36-23-4Basic.Garbage or debris on floor under, around, or behind equipment in bar. Heavy build up under and behind the bar area **Warning**

53A-02-5Intermediate.Manager lacking proof of food manager certification and no other certified food service manager employed at this location. A list of accredited food manager certification examination providers can be found at http://www. Myfloridalicense. Com/dbpr/hr/food-lodging/managercertification. Html. **Warning**

53A-05-5Intermediate.No currently certified food service manager on duty with four or more employees engaged in food preparation/handling. A list of accredited food manager certification examination providers can be found at http://www. Myfloridalicense. Com/dbpr/hr/food-lodging/managercertification. Html. **Warning**

22-01-4Intermediate.Soda gun soiled. **Warning**

Inspection For:KENNY D'S GRILL AND BAR

License Number:1504373

License ID:5355790

Inspection Visit ID:5446874

Inspection Date:Friday, October 24, 2014

Inspection Number:2309832

Visit Number:3

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Admin. Complaint Callback Not Complied - Corrections to violations that resulted in an administrative complaint were not completed at the time of inspection. Violations may not be noted again on these inspection reports.

Total Number of Violations:0

Number of High Priority Violations:0

Number of Intermediate Violations:0

Number of Basic Violations:0

Inspection For:KENNY D'S GRILL AND BAR

License Number:1504373

License ID:5355790

Inspection Visit ID:5400529

Inspection Date:Friday, August 22, 2014

Inspection Number:2446288

Visit Number:2

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Call Back - Complied - Return visit from a previous warning found violations to be corrected.

Total Number of Violations:8

Number of High Priority Violations:0

Number of Intermediate Violations:4

Number of Basic Violations:4

Details

ViolationObservations of Inspector [as written on inspection]

50-09-4Basic.Current Hotel and Restaurant license not displayed. - new manager has to find, not displayed

14-09-4Basic.Cutting board has cut marks and is no longer cleanable. - still has cut marks

53A-01-5Intermediate.Manager lacking proof of food manager certification. A list of accredited food manager certification examination providers can be found at http://www. Myfloridalicense. Com/dbpr/hr/food-lodging/managercertification. Html. - establishment was recommended for an AC on 7/30 for this violation

31B-02-4Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. At any HWS- in dispenser but not dispensing

53B-01-4Intermediate.No proof of required state approved employee training provided for any employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. An AC WAS RECOMMENDED FOR THIS VIOLATION ON 7/30

35A-05-4High Priority.Roach activity present as evidenced by live roaches found. - approximately 10 in corner by hand sink and beside pizza oven

53A-01-5Intermediate.Manager lacking proof of food manager certification. A list of accredited food manager certification examination providers can be found at http://www. Myfloridalicense. Com/dbpr/hr/food-lodging/managercertification. Html. - establishment was recommended for an AC on 7/30 for this violation

53B-01-4Intermediate.No proof of required state approved employee training provided for any employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. An AC WAS RECOMMENDED FOR THIS VIOLATION ON 7/30

51-09-4Basic.Establishment did not report seating change that affects the license fee, Clean Indoor Air Act, sewage system approval or other related requirements. Licensed for 150 days 230 seats **Warning** no seating evaluation form complete.

31B-04-4Basic.No handwashing sign provided at a hand sink used by food employees. Pizza station **Warning** no hand washing signs posted

51-09-4Basic.Establishment did not report seating change that affects the license fee, Clean Indoor Air Act, sewage system approval or other related requirements. Licensed for 150 days 230 seats **Warning**

08A-19-4High Priority.Raw animal foods not properly separated from one another based upon minimum required cooking temperature in freezer - all products not commercially packaged. Raw beef also over bacon, **Warning**

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

16-42-4Intermediate.Incorrect chemical test kit provided for measuring the concentration of the sanitizer solution used in the bar three-compartment sink. , using quat sanitizer and has chlorine test strips

53A-05-4Intermediate.No currently certified food service manager on duty with four or more employees engaged in food preparation/handling.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

12A-07-4High Priority.Employee failed to wash hands before putting on gloves to work with food. **Corrected On-Site**

09-01-4High Priority.Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. / lettuce/ onion **Corrected On-Site**

41-08-4High Priority.Toxic substance/chemical stored by or with clean or in-use utensils. / sanitizer by utensils

22-20-4Intermediate.Heavy Accumulation of black/green mold-like substance in the interior of the ice machine. **. Repeat Violation**

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

12A-07-4High Priority.Employee failed to wash hands before putting on gloves to work with food. **Corrected On-Site**

09-01-4High Priority.Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. / lettuce/ onion **Corrected On-Site**

41-08-4High Priority.Toxic substance/chemical stored by or with clean or in-use utensils. / sanitizer by utensils

22-20-4Intermediate.Heavy Accumulation of black/green mold-like substance in the interior of the ice machine. **. Repeat Violation**

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

51-16-1No plan review submitted and renovations in progress. /establishment putting in a wood fired pizza oven utilizing right side of dinning area establishment must be submitted within 30 days and approved within 60 days-before the next unannounced inspection

Each restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Kenny D's Grill And Bar in Palm Bay Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Palm Bay's Kenny D's Grill And Bar.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Kenny D's Grill And Bar may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "High Priority/Intermediate/Basic" or "critical/noncritical" designation.